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Last Updated: July 1st 2021
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS PRIOR TO EXPLORING OUR WEBSITE OR PLACING AN ORDER FOR OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Welcome to Atavion Inc.’s (referred to herein as “Atavion”, “we”, “us”, or “our”) Terms Use and Conditions Agreement (referred to herein as the “Terms” or the “Agreement”). Atavion is a company that was formed for the purpose of helping clients stand out from other competitors with premium, unique, custom-tailored websites.
If you do not agree to these Terms, we ask that you please not use our Website design, creation, and/or maintenance services (“Services”). Your use of our Website or our Services constitutes acceptance of these Terms.
These Terms apply to all users of our website, https://atavion.com/ (“Website”), our mobile website, our social media accounts, or other platforms now in effect or hereinafter created (the “Platform”), and our Services. By using our Platform or purchasing our Services, you agree to be bound by these Terms.
If you are using our Website or our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms and will be binding as of the time it is posted on our Website.
Finally, all information provided by Atavion while performing the Services is general informational in nature and is not a substitute for legal or other professional advice. If you have a legal or other professional issue, it is recommended that you hire a legal or other professional based on the needs of your issue.
If you have any questions, comments, or concerns about these terms, please contact us at the email listed in Section 19, below.
By using out Services, you acknowledge that you have read our Privacy Policy which is available at https://atavion.com/privacy-policy/ (the “Privacy Policy”).
Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you. If you are a California resident, please also review our additional privacy disclosures that are directed towards you.
In order to operate and provide the best experience on the Platform and Website, Atavion may collect certain information about you. You acknowledge that when you use the Platform and the Services, Atavion may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and Services. By using the Platform and Services, you consent to all reasonable actions taken by Atavion with respect to your information, which are more particularly described in our Privacy Policy.
Our Services are not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age to provide our Services.
By using our Services, you represent and warrant that (a) you are at least eighteen (18) years old; (b) your website is not and will not be engaged in any activity that could result in suspension or removal from the Services; (c) you have the full power and authority to enter into these Terms and an agreement with us, and by doing so, will not violate any other agreement to which you or the entity you represent is a party; and (d) you have registered and created a user account with Atavion (the “User Account”).
Before using our Services and becoming a client, we require that you create and maintain a User Account through our Website. It is your responsibility to ensure that your account information is not shared with third parties and is kept private. You are solely responsible for all conduct of any kind that is taken through your User Account, whether or not such conduct is authorized by you or an authorized representative.
By creating a User Account, you hereby represent and warrant that (a) all information provided on a User Account is true to the best of your knowledge; (b) you will not post, upload, or transfer through a User Account any information or content that is owned by a third-party, unless their approval has been sought and received; and (c) you agree to update changes to your User Account in a reasonable timeframe.
Atavion generally does not mediate or oversee any disputes over ownership of a User Account which should be resolved through a neutral third-party, unless such a dispute is clear from submitted documentation. If Atavion becomes aware of a dispute over ownership of a User Account or Website, Atavion reserves the right to terminate Services until resolution of the dispute is presented to Atavion. It is highly recommended that disputes over ownership of a User Account or website be handled amicably.
We offer a variety of services (also “Services”) for our clients including:
All work provided under the Services will be done by Atavion or an agent under the supervision of Atavion. The Services will be based on (a) your ideas, insight, participation, and Submissions by you (pictures, content, themes, etc.); and (b) our professional experience in building, developing, and maintaining websites.
Your website will have closed architecture and you will not have the ability or access to modify anything on your website. All design, maintenance, updates, changes, and anything else provided under the Services will be handled by Atavion under your Subscription Service.
Changes or revisions to your website can be made but are not unlimited and must not be unreasonable. This includes, without limitation: (a) design; (b) copyrighting: (c) development; (d) maintenance; and (e) repair.
If you would like changes that are beyond what we believe is reasonable, this can be purchased for an additional charge outside of the Monthly Subscription Fee (as defined below). If you would like us to provide a service that is outside the scope of the Services, if we are able to provide the additional services, we will be happy to do so at an additional charge outside of the Monthly Subscription Fee.
Once you have signed up for our Services and created a User Account, we can then begin providing the Services. Please be as specific as you would like so that we can provide the highest quality Services to you. You agree to respond to all such requests in a reasonable timeframe.
Any delay in designing, building, creating, or developing your website that is a result of your delay will be solely borne by you.
What’s Included in the Subscription Service:
Timeframe/Timeline:
Building a custom website is not a quick or easy task. Generally, it can take 3-6 weeks to develop a single or multi-page website, and 4-8 weeks to develop an ecommerce website, but these timeframes will depend on the complexity of what you are asking for, as well as your needs/desires.
We can generally provide estimated timeframes for expected completion, however, all timeframes are estimates only and are not guarantees or promises. While we do our best to complete your website with the expected timeframe, delays do happen for a variety of reasons, many of which are out of our control.
Unless otherwise agreed to, we only offer a monthly subscription for the Services (“Subscription Service”). Our offerings in a Subscription Service are more particularly described on our Website at the time of purchase.
WHEN YOU PURCHASE A SUBSCRIPTION SERVICE, WHICH IS CHARGED TO YOU MONTHLY, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) ATAVION OR OUR THIRD-PARTY PROCESSOR IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION SERVICE FOR AS LONG AS THE SUBSCRIPTION CONTINUES; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED.
If you want to terminate your Subscription Service, you need to terminate our Services in accordance these Terms. Each Subscription Service is subject to the below provision titled Cancellation & Returns.
All prices shown for the Services are shown in U.S. Dollars. We reserve the right to change our Services or Subscription Service at any time, provided that if we change the amounts or other charges associated with your Services or Subscription Service, we will provide you thirty (30) days advance written notice of such changes. We reserve the right to reject our Services to anyone and for any reason. We also reserve the right to discontinue the Services at any time.
All invoices are due and shall be charged to you around the first day of each new month. Failure to timely pay an invoice for any reason shall accrue interest at one and one half percent (1.5%) per month until paid in full. If your account is past-due, Atavion reserves the right to suspend the Subscription Services and unpublish your website. At any time after the initial thirty (30) day payment period, Atavion can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If your invoice, account, and any past-due payments is transferred to a collection agency or attorney, Atavion shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
All work provided by Atavion will be done by someone in-house or a contractor that we hire as our agent. When you hire Atavion to provide the Services, you are hiring Atavion and not one of our employees, agents, or other workers. We hereby reserve the right to change the person or persons handling the Services for you. Any change in the person or persons handling the Services for you will not entitle you to a reduction in cost, a pause of your Subscription Service, or otherwise.
You hereby acknowledge and agree that you shall not chargeback any payments made to Atavion for any reason, and that any dispute over this Agreement or the Subscription Services must be resolved amicably, otherwise you are free to terminate the Subscription Services at any time. Should you issue a chargeback for any reason, Atavion reserves the right to initiate a claim or demand against you for the full amount of a chargeback. If a chargeback is actually issued by the credit card or financial company, You agrees that Atavion shall be permitted to charge You an administrative fee of five hundred dollars ($500.00) for time spent responding to a chargeback, in addition to interest on the full amount owed to Atavion at one and one half percent (1.5%) per month until paid in full, in addition to all costs and fees, including reasonable attorney’s fees, in pursuing such a claim or action.
Finally, we will include our byline on the footer of your website – “Website Created by Atavion” or “Website by Atavion”. You acknowledge and agree that our byline is, in part, how new clients can find us, and it cannot be removed or hidden from the website.
You may cancel the Subscription Services at any time by. However, since the website is being provided to you on a license basis (see Section 8, below), and is owned exclusively by Atavion, cancellation will not entitle you to keep your website which will be removed from public accessibility. The effective date of your cancellation shall be the end of the paid Subscription Services period. After cancellation, you can request that your Submissions be transferred back to you, or deleted, in your sole discretion.
Atavion can cancel your Subscription Services at any time upon thirty (30) days written notice to you, except that Atavion can cancel your Subscription Services immediately for failure to comply with these Terms.
If your Subscription Services are cancelled or paused, you can reactivate the Subscription Services (subject to Atavion cancelling your Subscription Services) at any time by providing us written notice that you want to: (a) resume your old account and restart your Subscription Services; or (b) sign up for a new account and new Subscription Services. If your Subscription Services are cancelled or paused, we cannot guarantee that if you restart your Subscription Services, that the fees will be the same. This will depend, in part, on the amount of time that your Subscription Services are cancelled or paused.
We do not offer refunds for our Services. If you are unhappy with your Services, please email us at support@atavion.com, detailing the reason why you are unhappy with the Services. We will do our best to ensure that you are satisfied with the Services, within reason.
All Submissions (as defined below) shall be owned by you. This shall include pictures, videos, and other forms of content.
All work product supplied by Atavion or its agents, including your website, the underlying code and other intellectual property supplied by Atavion, or its agents (the “Work Product”) shall be owned and shall be the exclusive property of Atavion. Atavion hereby grants to you a non-exclusive, non-transferrable, non-sublicensable and revocable license to use the Work Product for the purposes of generating and displaying your website to consumers, potential consumers, or other persons or entitles who come across your website. The license granted herein may not be assigned, pledged, encumbered, or otherwise transferred by you, whether voluntarily or involuntarily, by operation of law or otherwise, without Atavion’s express written consent. This license shall not be construed to create any rights of ownership by you in the Work Product, any of its subparts, or anything derived from the Work Product which includes without limitation, patent, trademark or copyright rights, as well as know-how, strategy, design aspects, or otherwise, in any and/or all other aspects of the Work Product, except for your Submissions.
You further acknowledge and agree that you will not do or cause to be done, any act that would directly or indirectly impair the validity of or Atavion’s exclusive right, title and interest in the Work Product except for the rights granted herein. This shall specifically include, without limitation: copying, reverse engineering, duplicating, or recreating a substantially similar website.
Once you have cancelled the Services with Atavion, the license granted by Atavion in and to the Work Product shall cease upon completion of the last day that the Subscriptions Services have been paid for, and you shall no longer have any rights in or to the Work Product.
In some limited circumstances, Atavion may permit the purchase of your website from it for an agreed-upon price, but nothing shall require that Atavion do so.
You will not register or apply to register, in any country, state or other jurisdiction, any part or component of the Work Product or the website, including, without limitation: (1) trademarks; (2) copyrights; (3) patents; or (4) trade secrets.
You hereby acknowledge that as the owner of the Work Product, Atavion shall be free to use the Work Product for promotional or advertisement purposes, or other purposes in its sole discretion.
The contents of our Website and Platform are protected by United States and international copyright laws. The contents of our Website and Platform are owned exclusively by Atavion or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform or Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Atavion.
Atavion and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Atavion. All rights in these Marks are reserved by Atavion. You may not use any Atavion-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website and Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
Any unauthorized use by you of the Website or Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your purchase of a Subscription Service or any of our other Services. You agree that you are responsible to pay for and will pay for all such charges. If you have signed up for a subscription and your payment is denied, you will be responsible for fee of fifty dollars ($50.00) which is not a penalty but rather is ‘liquidated damages’ for our reasonable administrative costs in contacting you for new payment, etc. Failure to keep a valid payment method does not constitute cancellation of a Subscription Service and your subscription will continue until cancelled in accordance with these Terms.
If you have enrolled in Subscription Service, you expressly acknowledge and agree that: (1) Atavion (or our third-party payment processing company or application) is authorized to charge you on a monthly or other basis for the price of your chosen subscription, including taxes and other fees, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or we suspend or terminate the subscription.
The monthly recurring charges for your Subscription Service will be set forth during the purchase process. The amount you are charged may vary depending on the preferences you select and may be adjusted in accordance with these Terms. You are responsible for all charges with respect to an untimely cancellation.
When you send us physical submissions for your website, including pictures, videos, written content, or other materials (“Submissions”), you will remain the owner of all such Submissions.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Submissions are not illegal and will not violate any laws, rules, or regulations of any kind.
We take no responsibility and assume no liability for any Submissions submitted by you, which is the sole responsibility of you.
You are solely responsible for the products and/or services sold through your website and the general running of your business or anticipated business, except for the Services provided by Atavion.
Although Atavion has built your website and may have assisted with the e-commerce functionality of your website, Atavion (a) does not verify that you are following all laws governing your business or anticipated business; (b) is not part of your company and is not responsible for the products and services sold or described on your website; and (c) is not responsible for any acts or omissions by you in carrying out your business or anticipated business.
If you believe that your copyright has been infringed by Atavion or a website that was built by Atavion, please immediately send us a notice to support@atavion.com. We respond to notices of copyright infringement immediately and take any such allegations seriously.
In your email, please include the following:
Atavion respects the intellectual property rights of others and will respond expeditiously to all complaints, in accordance with the Digital Millennium Copyright Act, the full text of which can be found here: http://www.copyright.gov/legislation/dmca.pdf.
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change Services if any information is inaccurate at any time (including after you have agreed to a type of Service).
OUR WEBSITE, PLATFORM, AND SERVICES ARE PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ATAVION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF THE ACCESSING AND USE OF THE PLATFORM, OUR WEBSITE, OR OUR SERVICES.
Atavion shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID ATAVION FOR THE SERVICES IN THE MONTH PRIOR TO THE CLAIM OR DEMAND.
ATAVION SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF (A) CLOSURE OF YOUR WEBSITE DUE TO A CANCELLED ACCOUNT; (B) CLOSURE OF YOUR WEBSITE DUE TO PAYMENTS BEING DECLINED; (C) THE WEBSITE NOT PERFORMING AS EXPECTED DUE TO TECHNICAL OR OTHER ISSUES; (D) LOSS OF WEBSITE DATA; OR (E) ANY OTHER MATTERS ARISING OUT OF THE SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, TERMINATION IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold Atavion, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or Platform in violation of any law, rule, regulation, (ii) your breach of these Terms; or (iii) any intellectual property claims brought by a third-party arising out Submissions provided by you.
Atavion agrees to defend, indemnify and hold you harmless from any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising from any action in the sole control of Atavion including intellectual property claims brought by third parties that are not caused by you.
If you have any questions or comments regarding these Terms, please feel free to contact us by email at support@email.com.